HomeMy WebLinkAboutOrdinance 17999-03-2008Ordinance No. 17999-03-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE CRITICAL CAPITAL PROJECTS FUND IN THE
AMOUNT OF $10,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF
FUNDING THE REVIEW OF SCHEMATIC DESIGN PLANS FOR THE
RELOCATION OF THE SOUTHBOUND EXIT-RAMP FOR US 81/287 BETWEEN
WEST OF FM 3479 AND FM 3479; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1
That in addition to those amounts allocated to the various City departments for Fiscal Year 2007-
2008 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Critical Capital Projects Fund in the amount of $10,000 from available funds
for the purpose of funding the review of schematic design plans for the relocation of the southbound
exit-ramp for US 81/287 between west of FM 3479 and FM 3479.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
ADOPTED AND EFFECTIVE: March 4, 2008
This ordinance shall take effect upon adoption.
CITY OF FORT WORTH, TEXAS
ADVANCE FUNDING AGREEMENT
This AGREEMENT is between the City of Fort Worth (the "CITY"), and 287/156 Partners, LP .
("DEVELOPER"), for a PROJECT generally described as review of the schematic for the proposed
US 81/287 from West of FM 3479 to FM 3479:
Whereas, DEVELOPER has requested CITY to enter into a Local Project Funding Agreement
(LPAFA) for Voluntary Transportation Improvement Projects (OfF System) with the Texas
Department of Transportation ("TxDOT") for review of the schematic for the proposed US
81/287 from West of FM 3479 to FM 3479; and
Whereas, DEVELOPER has agreed to be responsible for and to pay for all expenses incurred
by the CITY in connection with said LPAFA.
Now, therefore, CITY and DEVELOPER agree as follows:
Article I
Scope of Services
The DEVELOPER agrees to deliver to the CITY and TxDOT all electronic and printed copies
of general notes, specifications, contract provision requirements, and related documentation in a
Microsoft Word or similar document. The DEVELOPER will use TxDOT's document
template. The DEVELOPER will also provide a detailed construction time estimate including
types of activities and month in the format required by the TxDOT. All work will be performed
in accordance with the Standard Specifications for Construction and Maintenance of Highways,
Sty°eets, and B~°idges adopted by the State of Texas and incorporated herein by reference, or
special specifications approved by the State of Texas.
Article II
Compensation
Contemporaneously with the execution of this Agreement, DEVELOPER shall deposit the sum
of $10,000 with CITY for reimbursement of the costs to be incurred by the CITY under the
LPAFA.
In the event DEVELOPER determines that funding the additional cost is not in its best interest,
DEVELOPER shall so notify CITY, who shall then ternlisiate the LPAFA. DEVELOPER
agrees to reimburse CITY for any additional actual costs that CITY is required to reimburse the
TxDOT under the Master Advanced Funding Agreement existing between the TxDOT and
CITY.
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Article III
City Responsibilities Contingent Upon Receipt of Funds
CITY shall have no duties to DEVELOPER unless and until all funds required of
DEVELOPER, either at the time of the execution of this Agreement or otherwise, are deposited
with the CITY.
Executed in Fort Worth, Texas, this the
day of
2008:
ATTEST:
Marty Hendrix
City Secretary
APPROVED AS TO FORM
AND LEGALITY
Amy Ramsey
Assistant City Attorney
287/156 Partners, LP.
Mr. Gary DeFrain
Manager
CITY OF FORT WORTH
Marc A. Ott .
Assistant City Manager
APPROVAL RECOMMENDED
Robert D. Goode, P.E., Director
Transportation/Public Works Department
-2-
CSJ # 0014-15-916
District # OZ
Code Chart 64 #15000_
Project: US 81 from West of FM
3479 to FM 3479
Agreement #: 02-8XXF6007
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR
VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the State, and City of Fort Worth, acting by and
through it's duly authorized officials, hereinafter called the Local Government.
WITNESSETH
WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and
Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 109460 authorizes the State to undertake and
complete a highway improvement generally described as US 81 from West of FM 3479 to FM 3479;
and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as review of
schematic for Southbound Exit Ramp to FM 3479, hereinafter called the "Project"; and,
WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement
with a Local Government; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State
and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without
exception.
Article 2. Project Funding and Work Responsibilities. The State will authorize the performance
of only those Project items of work which the Local Government has requested and has agreed to
pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached
to and made a part of this contract. In addition to identifying those items of work paid for by payments
to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those
AFA-LPAFA VolProj Page 1 of 5 Revised 2/3/06
CSJ # 0014-15-916
District # 02
Code Chart 64 #15000
Project: US 81 from West of FM
3479 to FM 3479
Agreement #: 02-8XXF6007
Project items of work that are the responsibility of the Local Government and will be carried out and
completed by the Local Government, at no cost to the State.
Article 3. Payment of Funds. Whenever funds are paid by the Local Government to the State
under this Agreement, the Local Government shall remit a check or warrant made payable to the
"Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the
State in an escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in the
escrow account, those funds may be applied by the State to the Local Government's contractual
obligations to the State under another advance funding agreement.
Article 4. Right of Access. If the Local Government is the owner of any part of the Project site, the
Local Government shall permit the State or its authorized representative access to the site to perform
any activities required to execute the work.
Article 5. Adjustments Outside the Project Site. The Local Government will provide for all
necessary right-of-way and utility adjustments needed for performance of the work on sites not owned
or to be acquired by the State.
Article 6. Responsibilities of the Parties. Responsibilities of the Parties will be under the
conditions as provided for in the MAFA, without exception.
Article 7. Document and Information Exchange. The Local Government agrees to electronically
deliver to the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required by
the State. This requirement applies whether the local entity creates the documents with its own
forces or by hiring a consultant or professional provider.
Article 8. Inspection and Conduct of Work. Unless otherwise specifically stated in Attachment A,
Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all
work performed hereunder and provide such engineering inspection and testing services as may be
required to ensure that the Project is accomplished in accordance with the approved plans and
specifications. All correspondence and instructions to the contractor performing the work will be the
sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract,
all work will be performed in accordance with the Standard Specifications for Construction and
Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by
reference, or special specifications approved by the State.
Article 9. Increased Costs. Increased cost will be under the conditions as provided for in the
MAFA, without exception.
Article10. Maintenance. Project Maintenance will be under the conditions as provided for in the
MAFA, without exception.
Article 11. Termination. Termination of this LPAFA shall be under the conditions as stated in the
MAFA, without exception.
AFA-LPAFA VolProj Page 2 of 5 Revised 2/3/06
CSJ # 0014-15-916
District # 02
Code Chart 64 #15000
Project: US S1 from West of FM
3479 to FM 3479
Agreement #: 02-SXXF6007
Article 12 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA,
without exception. Local Government: Robert Goode. PE
Director of Transportation and Public Works
City of Fort Worth
1000 Throckmorton Street
Fort Worth Texas 76102
Article 13. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated
in the MAFA, without exception.
Article 14. Successors and Assigns. The State and the Local Government each binds itself, its
successors, executors, assigns, and administrators to the other party to this agreement and to the
successors, executors, assigns, and administrators of such other party in respect to all covenants of
this agreement.
Article 15. Amendments. Amendments to this LPAFA shall be made as described in the MAFA,
without exception.
Article 16. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution
of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
Article 17. State Auditor. The state auditor may conduct an auditor investigation of any entity
receiving funds from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds. An
entity that is the subject of an audit or investigation must provide the state auditor with access to any
information the state auditor considers relevant to the investigation or audit.
Article 18. Insurance. If this agreement authorizes the Local Government or its contractor to
perform any work on State right of way, before beginning work the entity performing the work shall
provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying
the existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all work
on the State right of way is complete. If coverage is not maintained, all work on State right of way
shall cease immediately, and the State may recover damages and all costs of completing the work.
Article 19. Signatory Warranty. The signatories to this agreement warrant that each has the
authority to enter into this agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
AFA-LPAFA VolProj Page 3 of 5 Revised 2/3/06
CSJ # 0014-15-916
District # 02
Code Chart 64 #15000
Project: US 81 from West of FM
3479 to FM 3479
Agreement #: 02-8XXF6007
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
BY.
Date
District Engineer
THE LOCAL GOVERIVIVIENT
Name of the focal Government
By
Date
Typed or Printed Name and Title
AFA-LPAFA_VolProj Page 4 of 5 Revised 2/3/06
CSJ # 0014-15-916
District # 02
Code Chart 64 #15000_
Project: US 81 from West of FM
3479 to FM 3479
Agreement #: 02-8XXF6007
Attachment A
Insert a Project Budget And Description Such As:
Project Budget and Description
The City will pay for the cost of the review of schematic for Southbound exit ramp to FM 3479, which
is an on-system location. Based on the funding Category 4A, the City's participation is 100% of the
cost of this particular improvement. The City's estimated cost of this additional work is $10,000.00,
including engineering and contingencies. The State has estimated the project to be as follows:
Description Total
Estimate
Cost Federal
Participation State
Participation Local
Participation
Cost % Cost % Cost
CONSTRUCTION;COSTS
Review of Schematics $10,000.00 0% $0.00 0% $0.00 100% $10,000.00
Subtotal $10,000.00 $0.00 $0.00 $10,000.00
TOTAL $10,000.00 $0.00 $0.00 $10,000.00
Direct State Cost will be based on actual charges.
City's Participation (100%) _ $10.000.00
This is an estimate only, final participation amounts will be based on actual charges to the project.
Work Responsibilities
The Local Government is responsible for the cost of the review schematic for US 81 from West of
FM 3479 to FM 3479.
The State will review and comment on the schematics.
AFA-LPAFA VolProj Page 5 of 5 Revised 2/3/06
City ®f ®r~ ®rth, Texas
Mayor and Council Communication
SUBJECT:
Adopt a Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the
Texas Department of Transportation, for TxDOT's Review of Schematic Design Plans for the
Relocation of the Southbound Exit-Ramp for US 811287 between West of FM 3479 and FM 3479,
and Authorize Execution of an Advance Funding Agreement with 287/156 Partners, L.P., and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to adopt a resolution to execute an Advance Funding Agreement accepting
.$10,000 from 287/156 Partners, L.P. for TxDOT's review of schematic design plans for the relocation of the
southbound exit-ramp for US 81/287 between. west of FM 3479 and FM 3479;
2. Authorize the City Manager to execute a focal Project Advance Funding Agreement with TxDOT in the
amount of $10,000 for review of schematic design plans of the relocation of the southbound exit-ramp and
for US 81/287 between west of FM 3479 and FM 3479; and
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
amount of $10,000 in the Critical Capital Projects Fund.
DISCUSSION:
A developer, 287/156 Partners, L.P., is preparing schematic design plans for the southbound exit ramp at
US 81/ Harmon Road. The proposed improvements include the relocation of the southbound exit-ramp for
US 811287 between west of FM 3479 and FM 3479. The scope of the project is to relocate the existing
southbound exit ramp 2000 ft. west.
287/156 Partners, t_.P., has requested that the City submit the plans to TxDOT for review. The Texas
Transportation Commission Minute Order No. 109460 authorizes TxDOT to review schematic plans to
prepare a t_ocal Project Advance Funding Agreement with the City in the amount of $10,000 for review of
the plans.
City Staff prepared an Advance Funding Agreement with 287/156 Partners, L.P., to reimburse the City for
Costs incurred by the City under its agreement with TxDOT. The Transportation and Public Works
Department will be responsible for the collection of these funds.
Upon completion of this preliminary review, TxDOT will schedule public meetings and outreach if the project
is feasible.
Logname: 20HARMON-LPAFA Page 1 of 2
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Critical Capital Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C116 488100 020116021224 $10,000.00 C116 531200 020116021224 X10.000.00
C116 531200 020116021224 X10.000.00
Submitted for City Manager's Office b~ Fernando Costa (8476)
Originating Department Head: Robert Goode (7913)
Additional Information Contact: Jim Walker (8009)
Lognaine: 20~i~~RMON-LPAFA Page 2 of 2